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Prosecutors clear officers in fatal Burlington shooting

Two Burlington police officers involved in the fatal shooting of a shovel-wielding man with mental-health issues will face no criminal charges. Cpl. Ethan Thibault, who fired the deadly shots, and Cpl. Brent Navari, who was at the scene of last month’s incident in the New North End, were justified in their actions against a combative man, Chittenden County State’s Attorney T.J. Donovan says.

Prosecutors clear officers in fatal Burlington shooting

Burlington Police Chief Michael Schirling speaks at a news conference Monday after Chittenden County State’s Attorney T.J. Donovan announced that no charges will be filed against two Burlington police officers who were involved in the fatal shooting of a mentally disturbed man in November.
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Two Burlington police officers involved in the fatal shooting of a shovel-wielding man with mental-health issues will face no criminal charges.

Cpl. Ethan Thibault, who fired the deadly shots, and Cpl. Brent Navari, who was at the scene of last month’s incident in the New North End, were justified in their actions against a combative man, Chittenden County State’s Attorney T.J. Donovan said Monday afternoon.

The two officers responded to the home of Wayne J. Brunette, 49, on Randy Lane at 4:24 p.m. Nov. 6 to deal with a report that Brunette was destroying property and acting irrationally at his mother’s home, including cutting down a tree in the front yard, Donovan said.

It was 2½ minutes later that police radioed “shots fired, suspect down,” and made a request for an ambulance.

Donovan said the decision about not filing charges came after a thorough investigation by the Vermont State Police. The Vermont Attorney General’s Office agreed with the assessment.

In clearing the officers, prosecutors revealed new information about the confrontation that proceeded Brunette’s death.

The two officers were responding to a call about an individual’s mental health after his mother called police and said Brunette had “gone berserk,” prosecutors said Monday. Navari and Thibault tried to get Brunette to put down the shovel as he advanced on them, but he ignored their commands, Donovan said.

Brunette then stated, “‘No, you’re going to have to shoot me,’ and at that point charged at Cpl. Navari. This caused Cpl. Navari to draw his weapon while he began to back up into the street,” Donovan told reporters.

“Mr. Brunette was able to advance on Cpl. Thibault quicker then Cpl. Thibault could back-pedal and, when Mr. Brunette was within striking distance of hitting Cpl. Thibault with the shovel, Cpl. Thibault shot Mr. Brunette twice,” the prosecutor continued.

“Mr. Brunette continued to advance toward Cpl. Thibault, and Cpl. Thibault fired two more shots at Mr. Brunette,” he said.

Donovan said Brunette dropped the shovel and fell to the ground.

The two officers yelled for him to stay on the ground, but Brunette “appeared to try to get up by pushing himself up slightly, and then fell on to his back,” Donovan said.

“Our review of the facts has concluded that Cpl. Thibault’s belief that he was in danger of being killed or suffering great bodily harm was reasonable,” the prosecutor concluded. “Our review has further concluded that Cpl. Thibault’s use of deadly force was reasonably necessary to repel that force.”

Donovan said the two Burlington officers did not have Tasers. Police Chief Michael Schirling said pepper spray would have been ineffective considering the circumstances.

“Hopefully, the unfortunate death of Mr. Brunette will cause a redoubling of efforts to reduce reliance on law enforcement as the first responders to persons experiencing a mental health crisis,” Vermont Attorney General Bill Sorrell said in a statement. He attended the news conference but said little. “Further efforts must be made to provide meaningful access to mental health professionals in such circumstances.”

Also on hand for the news conference were representatives from the Vermont State Police and the HowardCenter, which deals with people experiencing mental-health issues, and Burlington City Councilor Dave Hartnett, D-Ward 4.

The reaction

Burlington lawyer Brooks McArthur, who represents both Burlington police officers, said they were relieved by the decision.

“While the death of Wayne Brunette was tragic, and our sympathies go out to his family, our position all along was that, given the dangerous and threatening circumstances the officers were confronted with, they acted responsibly, professionally and in accordance with their training,” McArthur said.

Schirling said he was relieved by the decision, but the review of the incident will continue within the police department.

“Today’s announcement of the conclusion of the state police investigation and decision by our state’s attorney and attorney general regarding this incident closes one small chapter of this tragedy,” Schirling said. “Unfortunately, it cannot erase, rewind or soften the impact this has had most acutely on the Brunette family, but also on our staff and the community. The sadness will continue for the foreseeable future.”

The incident marked the first time that Burlington police had fired a gun at a person since 1997.

“As we do with each and every critical incident or event, we will work to evaluate what has occurred and endeavor to learn from the experience and improve our individual and collective skills,” Schirling said. “Efforts to improve mental-health systems have been ongoing for many years. This tragedy is a vivid reminder that more needs to be done.”

Hartnett said he plans to sponsor a City Council resolution in January asking the police and the city to come up with a better way to respond to mental-health cases.

Bob Bick of the HowardCenter said the hope is that mental-health professionals can work with the police to provide better responses to these kinds of cases. He acknowledged that because they happen so quickly, counselors might not always be available in time.

Schirling said the city is on target to hit 700 mental-health calls this year. He said vandalism is the only larger category.

Donovan said he met with Barbara Brunette, the widow, and the victim’s parents, Larry and Ruthine Brunette on Monday morning to disclose the police findings and the ruling by prosecutors.

The family said it would withhold comment for the time being, Donovan said. He read a statement that he said came from Barbara Brunette. It stated in part: “Today’s announcement should not obscure the fact that Wayne Brunette was a loving father, son and husband, and the family’s hopes are that the memory of Wayne will not solely be about the last moment of his life. He was a lifelong member of this community, and all who knew Wayne are grieving his loss.”

Donovan said Wayne Brunette’s parents also asked him to convey that he was a “good person, who was never violent toward them, (and) a good son, who enjoyed life and all that it had to offer.”

Brunette was a musician, had an interest in carpentry, was self-taught in writing computer code and planned his parents’ 50th wedding anniversary.

“I’ve got a problem here with my son that’s upstairs. He’s gone berserk, I think,” she said, according to a transcript of the 911 call provided by Sorrell‘s office.

“And I mean I’ve got to do something. He’s cut my apple tree down out front just now. And he’s violent, and he’s just mean. We live downstairs. Him and his wife live upstairs over us. And now he says he owns this whole house and the whole property and everything, which he doesn’t. And he’s just ... he’s really bad.”

When police arrived, Brunette brandished a long-handled pointed spade shovel and advanced toward the officers in a threatening manner, according to investigators.

In his written statement, Sorrell provided the following account of what happened next:

“Brunette then charged at Cpl. Navari while wielding the shovel and ignoring commands to drop it. Navari drew his firearm and retreated towards the street seeking to put distance between himself and Brunette. Brunette closed the distance and was within striking distance. Navari had his finger on the trigger and believed that he was going to have to shoot to protect himself.

“Cpl. Thibault saw Brunette charging at Cpl. Navari, drew his firearm, and moved towards Brunette ordering him to drop the shovel. This apparently drew Brunette’s attention away from Navari and towards Thibault. Brunette then focused on Thibault and charged at him continuing to brandish the long handled shovel. When Brunette was within striking distance, Thibault fired two shots. The shots did not stop Brunette so Thibault fired two additional shots. Brunette then fell to the ground and dropped the shovel.”

Each of the four shots Thibault, 35, fired from his .40 caliber Glock struck Brunette.

Thibault, a 12-year veteran with Burlington police, worked for the Vermont State Police from August 1998 to September 2001 in Franklin and Chittenden counties before he resigned. Navari is a 10-year veteran.

Both officers were uninjured. They initially were placed on paid leave while the investigation got under way, but later returned to full duty.

The Brunette family are longtime Burlington residents. City police had no recent contact with Brunette, Schirling said at the news conference.

Court records uncovered by the Burlington Free Press show that Brunette had a history of arrests that involved mental-health issues more than 10 years ago. The charges included making six homemade bombs in 2001 and two counts of aggravated assault on police, resisting arrest and attempted simple assault in 2003.

All counts were dropped so he could receive mental-health treatment.

Brunette’s wife reported the bombs to police and said her husband believed that the water supply was drugged and that he was on a mission from God. She also told police that he kept loaded guns in the house. Police evacuated nearby residents during the investigation.